HomeMy WebLinkAboutRPT ? OFF-SITE PKG 07-15-91r.+ _
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DATE: JULY 15, 1991
Inter -Com
TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CIVIC CENTER EXPANSION - OFF-SITE PARKING LEASE
RECOMMENDATION
It is recommended that the Agency authorize the Executive Director
to execute the attached lease agreement.
BACKGROUND
During construction of the Civic Center Expansion project,
additional off-site parking will be necessary for police department
employees and library patrons. While approximately 40 on-site
spaces will be available for the public, marked and unmarked police
vehicles, there is a need for approximately 40 off-site parking
spaces in addition to street parking. Staff have been in contact
with adjacent property owners and have been able to obtain access
to up to 40 parking spaces on the Tustin Car Wash site. The City
will indicate the number of and location of parking spaces needed
for each month and would be charged a flat monthly rent of $25 per
parking space not to exceed $1,000 a month. A copy of the lease
agreement for the 40 parking spaces is attached for the Agency's
information.
As the Agency is aware, the Civic Center project is anticipated to
begin construction in approximately 10 days. Since the car wash
property owner did not agree to lease terms until Friday, July
12th, it will be necessary for the Agency to act on the lease
document as an emergency agenda item since the need to take action
on the lease arose after the posting of the agenda.
L
C istine A. Shing on
Assistant City Man&der
CAS:kbc\prklse
LEASE
BETWEEN RAMESH BAJARIA, AS LANDLORD
AND
TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AS TENANT
1. Parties
This lease is made this day of 1991,
by and between Ramesh Bajaria, herein fte referred to as
"LANDLORD" and the Tustin Community Redevelopment Agency,
hereinafter referred to as "TENANT".
2. Premises
LANDLORD hereby leases to TENANT, and TENANT leases from
LANDLORD for the term, at the rental, and on all of the terms
and conditions set forth herein, up to forty parking spaces
(the "premises") located on a larger site commonly known as
535 E. Main Street, together with the right to use, in common
with others, the driveways designated by LANDLORD for common
use by the TENANT to access the "premises", subject to any
terms and conditions set forth in this lease. The Premises
and common driveway/ aisleway areas are shown as Exhibit A and
made a part hereof.
3. Term
3.1 Initial Term
The initial term of this lease shall be for 12 months,
following written notice from TENANT that they wish the lease
to commence. The parties goal is that the commencement date
will be on or before August 1, 1991.
3.2 Termination
LANDLORD reserves the right to terminate Leasehold during the
initial lease term by giving TENANT thirty (30) days advance
written notice. Likewise, TENANT reserves the right to
terminate Leasehold by giving LANDLORD thirty (30) days
advance written notice thereof.
3.3 Lease Extension
TENANT shall have the option to renew the initial one year
lease term for an additional period of up to one year at
TENANT'S discretion. Upon exercise of this option to renew,
TENANT reserves the right to terminate the leasehold by giving
thirty (30) days advance written notice thereof. TENANT'S
option to renew shall be exercised by TENANT giving a notice
of renewal at least ten (10) days prior to the expiration of
1
the initial one year term by depositing a notice of renewal in
the U.S. Mail to LANDLORD. In the event of renewal all other
terms and conditions of this Lease shall apply.
4. Rent
TENANT shall indicate in transmittal to LANDLORD the number.
and location of parking spaces actually needed for each month.
TENANT shall pay to LANDLORD a flat rent for the use of
parking on the premises, in monthly payments in the amount of
$25 per parking space, not to exceed a total amount of $1,000
a month, in advance, on the first day of each month of the
term to LANDLORD. Rent shall be payable to LANDLORD at 535 E .
Main Street, Tustin, California 92680.
TENANT shall only be responsible to rent those spaces as
actually needed.
5. Use
The premises shall be used for off-site parking for Civic
Center activities.
6. Maintenance and Alterations
6.1 TENANT's Obligations
TENANT shall be responsible for striping the 40 parking
spaces defined as Premises, at TENANT's expense.
6.2 LANDLORD's Obligations
LANDLORD shall be responsible for the maintenance and
repair, at LANDLORD's sole cost or expense of the
premises (excluding repairs required as a result of
damage caused by TENANT, its employees, agents or
contractors, which shall be the responsibility of the
TENANT) .
7. Insurance
7.1 Insurance to be provided by TENANT
TENANT, at its sole expense, shall obtain and maintain in
force during the term of this lease, adequate insurance,
insuring against claims for injuries to persons or
property occurring in, upon, or about the premises. A
certificate evidencing the foregoing and naming the
Lessor as an additional insured shall be delivered to
Lessor prior to commencement of the lease term.
2
At TENANT's option, TENANT may self -insure the coverage
required by this Section.
7.2 Indemnification
TENANT shall indemnify and save harmless LESSOR, its
of f icers , agents, and employees, f rom and against any and
all claims, demands, losses, or liabilities of any kind
or nature which LESSOR, its officers, agents, and
employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of
persons, or damage to property as a result of, or arising
out of, the sole negligence of TENANT, its officers,
agents, employees, subtenants, invitees, or licensees, in
connection with the occupancy and use of the Premises by
TENANT.
Likewise, Lessor shall indemnify and save harmless
TENANT, its officers, agents and employees from and
against any and all claims, demands, losses, or
liabilities of any kind or nature which TENANT, its
officers, agents and employees may sustain or which may
be imposed upon them or any of them for injury to or
death of persons, or damage to property as a result of ,
arising out of, the sole negligence and Lessor, its
officers, agents, employees, invitees or licensees, in
connection with Lessor's obligations under this Lease.
8. Successors in Interest
Unless otherwise provided in this Lease, the terms, covenants,
and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators, and assigns of
all the parties hereto, all of whom shall be jointly and
severally liable hereunder.
9. Circumstances Which Excuse Performance
If either party hereto shall be delayed or prevented from the
performance of any act required hereunder by reasons of acts
of God, restrictive governmental laws or regulations, or other
cause without fault and beyond the control of the party
obligated (financi&Ll inability excepted) , performance of such
act shall be excused for the period of the delay; and the
period for the performance of any such act shall be extended
for a period equivalent to the period of such delay. However,
nothing in this section shall excuse either party from the
prompt payment of any charge required of them except as may be
expressly provided elsewhere in this Lease.
3
10. Destruction of or Damage to Premises
In the event of:
A. Partial destruction of or damage to Premises; or
B. The Premises being declared unsafe or unfit for occupancy
by any public authority authorized to make such
declaration, for all reasons other than TENANT's act,
use, or occupation, except as otherwise provided herein;
Lessor shall immediately make repairs as are necessary to
restore the Premises to the condition which existed prior to
destruction or damage and/or make repairs as are necessary to
make the Premises safe and fit for occupancy. The destruction
(including any destruction necessary in order to make repairs
required by any declaration), damage or declaration shall in
no way render this Lease null and void. If Lessor refuses to
make such repairs or if such repairs are not completed by
Lessor within 60 days, TENANT may, at its option, terminate
this Lease or make such repairs and Lessor shall pay TENANT
for the cost thereof including labor, materials, and overhead
within 30 days of written notice from TENANT.
11. Amendment
12.
13.
14.
This Lease sets forth the entire agreement between Lessor and
TENANT and any modification must be in the form of a written
amendment.
Partial Invalidity
If any term, covenant, condition, or provision of this Lease
is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
Waiver of Rights
The failure of Lessor or TENANT to insist upon strict
performance of any of the terms, conditions, and covenants in
this Lease shall not be deemed a waiver of any right or remedy
that Lessor or TENANT may have, and shall not be deemed a
waiver of any right or remedy for a subsequent breach or
default of the terms, conditions and covenants herein
contained.
Holding Over
In the event TENANT shall continue in possession of the
Premises after the term of this Lease subject to approval of
►.I
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Lessor, such possession shall not be considered a renewal of
this Lease but a tenancy from month to month and shall be
governed by the conditions and covenants contained in this
Lease.
15. Time
Time is of the essence of this Lease.
16. Notices
All written notices pursuant to this Lease shall be addressed
as set forth below or as either party may hereinafter
designate by written notice and shall be personally delivered
or sent through the United States Mail.
TO: LESSOR
RAMESH BAJARIA
TUSTIN AUTO WASH
535 E. MAIN STREET
TUSTIN, CA 92680
TO: TENANT
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
15222 DEL AMO AVENUE
TUSTIN, CA 92680
ATTN: CHRISTINE SHINGLETON
i• �
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
15222 DEL AMO AVENUE
TUSTIN, CA 92680
ATTN: RON NAULT
IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
Approved as to form
Agency Counsel
5
LESSOR
Ramesh Baj aria
c'
By
Owndr- of roperty
TENANT
Tustin Community Redevelopment
Agency
By
Executive Director
t CENTENNIAL AVENUE
,
-' ENTRANCE EXIT 1
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